|
|
| |
|
|
| |
FSC asked to stop probe into Dr Shazia’s case |
| |
|
|
|
|
ISAMABAD, February 09,005: The Federal Shariat Court has been moved afresh to prevent a probe into the case of Dr Shazia with a view to stopping further damage to the dignity of a female victim of sexual assault.
Drawing attention to an inquiry being conducted by Justice Ahmed Khan Lashari of the Balochistan High Court in the disgrace case of Dr Shazia, petitioner Shahid Orakzai prayed to the Court to intervene and stop the inquiry.
The petitioner has filed a fresh application under article 203 GG in his pending petition challenging the Offence of Zina (Enforcement of Hudood) Ordinance 1979 filed on July 23, 2004 praying that recording of any complaint or statement by any non-mehram is against the dignity of a woman, guaranteed by Article 14 of the Constitution.
The petitioner has based his plea on Surah Yousaf of the holy Quran that "in any case involving sexual misconduct, a woman can be examined by a judicial authority strictly in her own defence and only after a criminal charge is levelled against her".
The FSC has been moved to ensure that without a specific charge, no criminal court or high court can summon, examine or question a women to ascertain the facts about any incident.
Orakzai says there is no criminal charge against the victim (Dr Shazia) in the pending case and her status as complainant, if any, shall not expose her to any further suffering.
Referring to Surah Yousaf, the petitioner says the "dignity of a married woman is the possession and custody of her husband and under the constitution of Pakistan no criminal investigation can bypass the husband".
Orakzai submitted that since the inquiry was being conducted on the specific request of the provincial cabinet, there is every likelihood that the report may inflict further injury to the dignity and reputation of the victim.
The FSC has also been requested to ensure that no high court or any court subordinate to a high court shall summon or question any female victim of sexual transgression even though the complaint is lodged in person.
The petition also seeks from the FSC to ensure that no information about the person, family of any female citizen robbed of her dignity shall be made public by any court or investigating agency, and no female citizen shall be subjected to medical examination for certifying any criminal assault.
|
|
|
|
|
